The Big Picture

Abstract

Abstract In conclusion, this chapter presents a number of macro-level ramifications and related challenges that the process of transitioning towards sectional coherence between data protection and competition law can be expected to trigger. As achieving sectional coherence pivots on the readiness to re-examine data protection and competition legal concepts such as ‘risk’, ‘fairness’, ‘freedom’, ‘power’, or ‘harm’, conceptual implications are evident. Coherent enforcement of these two areas of law will also have practical repercussions: complementary or corresponding approaches to data protection harms in digital markets. As regards constitutional effects, this chapter calls for clarifying, formalizing, and enforcing the principle of coherence enshrined in EU constitutional law (art 7 TFEU). It also reflects on the institutional implications of the transition towards sectional coherence, furthering the idea of ‘cooperative enforcement’ and discussing the potential challenges it entails. Finally, the chapter discusses the extent to which this book’s insights can be replicated in other jurisdictions.